Court raps Delhi police in rape-cum-murder case
New Delhi: A Delhi court has expressed
anguish over the "non-professional and casual" manner of
police in chargesheeting a man, allegedly involved in
gangrape-cum-murder of a minor girl, for a milder offence of
attempt to rape.
"The chargesheet has been filed in a most non-professional
and casual manner by invoking lesser offences. I am deeply
anguished to note that till date the investigating agency has
not even bothered to further investigate the aspect of cause
of death of the girl," said Additional Sessions Judge (ASJ)
The judge was upset that despite medical records
suggesting that the 15-year-old girl was raped, the police
chargesheeted the accused only for the offence of attempt to
rape and causing grievous hurt to her.
The court framed charges against Delhi resident Hitesh for
allegedly gang-raping the girl with the help of his associate
Monu in a moving car on the March 19, 2010 morning in Bawana
area in North West Delhi after kidnapping her. Monu is
The court said as the girl resisted the rape attempt in
the car, the accused hit her hard on her backbone, leading her
to suffer immediate paralysis waist downward.
The judge noted that after raping the girl, the accused
"deliberately" caused the accident of their car by driving it
into a ditch to destroy the evidence, while themselves jumping
out of the vehicle.
Due to the accident, the victim received further injuries
and eventually died after last year after long treatment.
The court has put Hitesh on trial for offences of murder,
kidnapping, gang rape, destruction of evidence and various
other penal provisions of the IPC.
According to the police, the incident took place when the
girl was returning from her grand parents' house. On her way
back, she was accosted by the accused and dragged inside their
car by them.
While framing charges against Hitesh, the court said the
life of the victim, who was studying in class 9th at the time
of the incident, "virtually" came to an end within minutes
after she was dragged in the car.
"For the young girl aged 15 years, her life virtually came
to an end within a matter of minutes as soon as she was
forcibly lifted by the accused and raped in the moving car
which thereafter driven into a ditch in an attempt to finish
her. The trauma and pain which the girl must have undergone
cannot be imagined," the ASJ said.
The court also noted the girl was in such a condition that
a magistrate had to go to the hospital to record her statement
after 16 days of the incident.
"It is prima facie evident that the act of the accused in
using extensive force on the spine of the girl while raping
her and thereafter in driving the car in a ditch was so
eminently dangerous that it must, in all probability, cause
death," the court said.
It pulled up police for not even collecting some vital
forensic evidence in the case.
During the hearing, the investigating officer of the case
told the court that they are in the process of collecting more
evidence and would file a supplementary charge sheet later.